# Am I justifed? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 15, 2008, 6:17am UTC](https://forum.rosen.com/t/am-i-justifed/6625 "2008-10-15T06:17:12Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![comingclean2](https://avatars.discourse-cdn.com/v4/letter/c/b4bc9f/32.png) [@comingclean2](https://forum.rosen.com/u/comingclean2)\ **Post date:** [October 15, 2008, 6:17am UTC](https://forum.rosen.com/t/am-i-justifed/6625/1 "2008-10-15T06:17:12Z")
You are justified in issueing a Show Cause. Usually support payments are late after 30 days (at least that’s how it is when you use Child Support Enforcement). With men like your ex, the BEST thing to do is to have the child support ordered throught Child Support Enforcement. This is how I have mine done. From what I was told, if he gets in arrears, the Agency issues a Show Cause on your behalf. They have records of his SSN and such. Men like your ex (and mine) can’t be relied upon to make right on the order unless you MAKE him do it. That means issueing Show Causes when he gets behind. Yes, it will take time to do that. But he will have to show up to court with PROOF that he has paid you (and he could pay you the morning of court). If he has no proof, then he can get in big trouble. My ex was going to be given jail time, but we worked it out with the court. But it woke him up to his responsibilities and I’ve never had another problem with it. I would proceed with the Show Cause. You are justified…especially after 30 days late. ---
**Author:** ![plsadvise](https://avatars.discourse-cdn.com/v4/letter/p/cab0a1/32.png) [@plsadvise](https://forum.rosen.com/u/plsadvise)\ **Post date:** [October 15, 2008, 6:33am UTC](https://forum.rosen.com/t/am-i-justifed/6625/2 "2008-10-15T06:33:22Z")
thanks comingclean… Yes I agree with you on putting my case with CSE and I have checked into it and they have told me that if I issue this show cause they can’t take my case until after we have went to court for the show cause. Basically, they can’t take my case with an outstanding issue in court. Also, they say it’s best to file the show cause and make sure he is caught up before they take the case as they probably won’t recover any arrears he would owe prior to taking my case. So I know its baby steps. ---
**Author:** ![comingclean2](https://avatars.discourse-cdn.com/v4/letter/c/b4bc9f/32.png) [@comingclean2](https://forum.rosen.com/u/comingclean2)\ **Post date:** [October 15, 2008, 7:54am UTC](https://forum.rosen.com/t/am-i-justifed/6625/3 "2008-10-15T07:54:03Z")
Yes it is. I spent a year in and out of court because I was ‘trying to be nice’ with the ex trying to repay child support. We finally just had the court order the payments through the state. I really didn’t do anything on my end. The court and the ex took care of it. I had to sign some state papers. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [October 17, 2008, 9:52pm UTC](https://forum.rosen.com/t/am-i-justifed/6625/4 "2008-10-17T21:52:02Z")
Child support is late if it is not paid by the date indicated on the order, however I believe CSE gives a thirty day grace period. If you are handling this matter yourself you are not required to give any grace period. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com](http://radio.rosen.com) for details Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Sutton Station 5826 Fayetteville Rd. Suite 205 Durham, NC 27713 Phone: (919) 321-0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![plsadvise](https://avatars.discourse-cdn.com/v4/letter/p/cab0a1/32.png) [@plsadvise](https://forum.rosen.com/u/plsadvise)\ **Post date:** [October 15, 2008, 5:53am UTC](https://forum.rosen.com/t/am-i-justifed/6625/5 "2008-10-15T05:53:46Z")
This is my situation. I have a child support order for my ex to pay 750 per month on the 1st of every month. This is through the clerk of court in my county. My understanding is they will not enforce this. As of October 6, the Clerk of Court and my records showed he owed 1100 in child support making him behind. The Clerk of Court says I would have to file a motion to show cause and go before the judge to get the ex to pay. I tried to resolve this with the ex by emailing him my records of what was owed and the records of the clerk that he owed, asking him what his plan was to get caught up. He said he didn’t owe any child support and for me to stop harrassing him. My question is this when is child support considered late? Am I justified in filing a motion to show cause?